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NY 853533


July 02 1990

CLA-2-64:S:N:N3D:346 M 853533

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.90.90

Ms. Mary Jo Drummonds
C-Air International, Inc.
11222 S. La Cienega Boulevard
Suite 470
Inglewood, California 90304

RE: The tariff classification of two half pairs of women's shoes from Hong Kong.

Dear Ms. Drummonds:

In your letter dated June 12, 1990, on behalf of your client Caparros Corporation, you requested a tariff classification ruling.

The submitted samples are described as follows:

Style Nautical - A woman's casual shoe. The shoe is of the slip-on type with an upper that has an external surface area which is predominately of a cotton fabric, entirely covered with hand sewn glass beads. It also has a stitched-on, unit molded rubber/plastic bottom.

Style Flor De Liz - A woman's casual lace up shoe. The shoe has an upper that has an external surface which is predominately of a cotton fabric, entirely covered with hand sewn glass beads. It also has rubber/plastic eyelet stays and a stitched-on, unit molded rubber/plastic bottom.

We note that the submitted samples are not marked with the country of origin. Therefore, if imported as is, both samples will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the shoes would be considered not legally marked under the provisions of 19 C.F.R. 134.11 which states, "every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit".

We are returning your samples as you requested.

The applicable subheading for both styles described above will be 6405.90.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear whose upper's external surface is predominately other than leather, composition leather, textile materials, or rubber and/or plastics; in which the outer sole is predominately rubber and/or plastics; and which is not disposable. The duty rate will be 12.5 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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